DOMESTIC ASSAULT & BATTERY WITH SERIOUS BODILY INJURY DISMISSED

KD, a 50 year old electrician from Plaistow, NH, had been in an on again off again relationship with a woman from Pepperell, MA. She had a serious alcohol problem and every time he would break off the relationship she would do something crazy. On one occasion she reported to the police that he had sexually molested his 16 year old daughter who lived with him (he had legal custody). As a result of that report he was investigated by the police and the Department of Children & Families. He was completely cleared of those allegations. In the late fall of 2016 they broke up. On a night in February of 2017 she called him and told him that she had no food in the house and that she needed him to repair an electrical outlet for her. He told her he would come over to her apartment and that he would bring in Chinese food to eat and that he would fix the electrical outlet. KD went to her apartment (3rd floor walk-up) and brought  in a dinner of Chinese food and his electrical tools to fix the outlet. When he arived he put the food down on the table and went to fix the outlet. She had been drinking and she began to accuse him of sleeping with her sister and with whores. He picked up his tools and headed for the door. According to the police report she was standing in the doorway at the top of the flight of stairs from the third floor to the second floor when he shoved her down the stairs causing her to fall and break her ankle. The police report continued that he then stepped over her and left her there laying on the second floor landing with a broken ankle. A tenant on the second floor heard the noise and then came out onto the second floor landing and saw her laying on the floor in pain with a broken ankle. The police were called and responded to her apartment. The police took her statement and then called him and told him to report to the Pepperell Police Station. He refused. The police said they would get a warrant for his arrest.

The next morning KD went to Ayer District Court. He was booked in to Probation and then went into the Courtroom. She was present and had filed for an Abuse Prevention Order. After a lengthy hearing the judge denied her request for an Abuse Prevention Order. KD was arraigned. Bail was set at $2,500.00 which KD posted and the case was continued. KD then retained Attorney Robert Lewin of North Andover, MA to defend him in the Assault & Battery case.

In the meantime KD applied for a restraining order in NH against her. The order was granted and the girlfriend was served with the order. Thereafter she began calling him and texting him in violation of the order. As a result two criminal charges against her for Violating the Restraining Order were taken out in court in NH.

Because of the serious consequences he faced if he had been convicted, working together KD and Attorney Lewin fully prepared the case for trial. The recording of the 911 call and the recording of the Abuse Prevention Order hearing at which they both testified were obtained and transcribed and fully studied. The necessary paperwork showing the restraining orders against her (in NH) and showing the criminal cases against her were obtained and studied. Her hospital records were obtained and studied. (Interestingly enough, there was nothing in the hospital record that said she was intoxicated when she arrived at the hospital.) Most importantly, Attorney Lewin fully prepared KD to testify at the trial. In the week before the trial date KD and Attorney Lewin had two lengthy office meetings during which they literally rehearsed for the trial. Attorney Lewin and KD practiced his direct testimony (i.e. his answers to questions that would be asked by Attorney Lewin) and his testimony on cross-examination (i.e. his answers to questions that would be asked by the Assistant District Attorney). Attorney Lewin explained the do’s and dont’s of testifying in a criminal case. KD was fully prepared and ready to testify.

On October 2, 2017 KD and Attorney Lewin appeared in Ayer District Court ready for KD’s criminal trial on the Assault & Battery charge. The case was called and Attorney Lewin answered ready for trial. Attorney Lewin told the Judge that the complaining witness (the girlfriend) had a Fifth Amendment privilege not to testify in the case against KD because she herself had been charged in two criminal cases in NH. The court appointed a lawyer to speak with the girlfriend to see if she wished to exercise her privilege not to testify. After approximately 40 minutes she decided that she would not testify. The DA then announced to the Judge that the Commonwealth could not go forward without her testimony. Attorney Lewin then moved to have the case dismissed. The Judge then ordered the case dismissed. Attorney Lewin turned to KD as they were leaving court and said “I hope you are not going to make any other food deliveries to her apartment.” To which KD replied “No, Mr. Lewin, that relationship is over.” KD was very fortunate. He had a history of Abuse Prevention Orders being taken out against him by three different women and he had a record for a prior Assault & Battery. In this case, where her ankle was broken and given his history, had he been convicted he would have been given a lengthy House of Correction sentence.